Bill Text: FL S1120 | 2020 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Substance Abuse Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2020-06-19 - Chapter No. 2020-38 [S1120 Detail]

Download: Florida-2020-S1120-Comm_Sub.html

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       Florida Senate - 2020                      CS for CS for SB 1120
       
       
        
       By the Committees on Appropriations; and Children, Families, and
       Elder Affairs; and Senator Harrell
       
       
       
       
       576-04273-20                                          20201120c2
    1                        A bill to be entitled                      
    2         An act relating to substance abuse services; amending
    3         s. 397.4073, F.S.; specifying that certified recovery
    4         residence administrators and certain persons
    5         associated with certified recovery residences are
    6         subject to certain background screenings; requiring,
    7         rather than authorizing, the exemption from
    8         disqualification from employment for certain substance
    9         abuse service provider personnel; revising eligibility
   10         for exemption from disqualification from employment
   11         for such personnel; amending s. 397.487, F.S.;
   12         deleting a provision relating to background screenings
   13         for certain persons associated with applicant recovery
   14         residences; amending s. 397.4872, F.S.; deleting
   15         provisions relating to exemptions from
   16         disqualification for certain persons associated with
   17         recovery residences; amending s. 397.4873, F.S.;
   18         providing criminal penalties for violations relating
   19         to recovery residence patient referrals; amending s.
   20         817.505, F.S.; revising provisions relating to payment
   21         practices exempt from prohibitions on patient
   22         brokering; amending ss. 397.4871 and 435.07, F.S.;
   23         conforming provisions to changes made by the act;
   24         providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (a) of subsection (1) and paragraph
   29  (b) of subsection (4) of section 397.4073, Florida Statutes, are
   30  amended to read:
   31         397.4073 Background checks of service provider personnel.—
   32         (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
   33  EXCEPTIONS.—
   34         (a) For all individuals screened on or after July 1, 2020
   35  2019, background checks shall apply as follows:
   36         1. All owners, directors, chief financial officers, and
   37  clinical supervisors of service providers are subject to level 2
   38  background screening as provided under s. 408.809 and chapter
   39  435. Inmate substance abuse programs operated directly or under
   40  contract with the Department of Corrections are exempt from this
   41  requirement.
   42         2. All service provider personnel who have direct contact
   43  with children receiving services or with adults who are
   44  developmentally disabled receiving services are subject to level
   45  2 background screening as provided under s. 408.809 and chapter
   46  435.
   47         3. All peer specialists who have direct contact with
   48  individuals receiving services are subject to level 2 background
   49  screening as provided under s. 408.809 and chapter 435.
   50         4. All certified recovery residence owners, directors,
   51  chief financial officers, and certified recovery residence
   52  administrators are subject to level 2 background screening as
   53  provided under s. 408.809 and chapter 435.
   54         (4) EXEMPTIONS FROM DISQUALIFICATION.—
   55         (b) Since rehabilitated substance abuse impaired persons
   56  are effective in the successful treatment and rehabilitation of
   57  individuals with substance use disorders, for service providers
   58  which treat adolescents 13 years of age and older, service
   59  provider personnel whose background checks indicate crimes under
   60  s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s.
   61  831.01, s. 831.02, s. 893.13, or s. 893.147, and any related
   62  criminal attempt, solicitation, or conspiracy under s. 777.04,
   63  shall may be exempted from disqualification from employment
   64  pursuant to this paragraph, provided that 5 years or more, or,
   65  in the case of a peer specialist certified pursuant to s.
   66  397.417, 3 years or more, have elapsed since the applicant for
   67  an exemption from disqualification has completed or has been
   68  lawfully released from confinement, supervision, or a
   69  nonmonetary condition imposed by a court for the applicant’s
   70  most recent disqualifying offense under this subsection and the
   71  applicant for exemption has not been arrested for any criminal
   72  offense within the past 3 years.
   73         Section 2. Subsection (6) of section 397.487, Florida
   74  Statutes, is amended to read:
   75         397.487 Voluntary certification of recovery residences.—
   76         (6) All owners, directors, and chief financial officers of
   77  an applicant recovery residence are subject to level 2
   78  background screening as provided under s. 408.809 and chapter
   79  435. A recovery residence is ineligible for certification, and a
   80  credentialing entity shall deny a recovery residence’s
   81  application, if any owner, director, or chief financial officer
   82  has been found guilty of, or has entered a plea of guilty or
   83  nolo contendere to, regardless of adjudication, any offense
   84  listed in s. 408.809(4) or s. 435.04(2) unless the department
   85  has issued an exemption under s. 397.4073 or s. 397.4872. In
   86  accordance with s. 435.04, the department shall notify the
   87  credentialing agency of an owner’s, director’s, or chief
   88  financial officer’s eligibility based on the results of his or
   89  her background screening.
   90         Section 3. Section 397.4872, Florida Statutes, is amended
   91  to read:
   92         397.4872 Exemption from disqualification; Publication.—
   93         (1) Individual exemptions to staff disqualification or
   94  administrator ineligibility may be requested if a recovery
   95  residence deems the decision will benefit the program. Requests
   96  for exemptions must be submitted in writing to the department
   97  within 20 days after the denial by the credentialing entity and
   98  must include a justification for the exemption.
   99         (2) The department may exempt a person from ss. 397.487(6)
  100  and 397.4871(5) if it has been at least 3 years since the person
  101  has completed or been lawfully released from confinement,
  102  supervision, or sanction for the disqualifying offense. An
  103  exemption from the disqualifying offenses may not be given under
  104  any circumstances for any person who is a:
  105         (a) Sexual predator pursuant to s. 775.21;
  106         (b) Career offender pursuant to s. 775.261; or
  107         (c) Sexual offender pursuant to s. 943.0435, unless the
  108  requirement to register as a sexual offender has been removed
  109  pursuant to s. 943.04354.
  110         (3) By April 1, 2016, each credentialing entity shall
  111  submit a list to the department of all recovery residences and
  112  recovery residence administrators certified by the credentialing
  113  entity that hold a valid certificate of compliance. Thereafter,
  114  the credentialing entity must notify the department within 3
  115  business days after a new recovery residence or recovery
  116  residence administrator is certified or a recovery residence or
  117  recovery residence administrator’s certificate expires or is
  118  terminated. The department shall publish on its website a list
  119  of all recovery residences that hold a valid certificate of
  120  compliance. The department shall also publish on its website a
  121  list of all recovery residence administrators who hold a valid
  122  certificate of compliance. A recovery residence or recovery
  123  residence administrator shall be excluded from the list upon
  124  written request to the department by the listed individual or
  125  entity.
  126         Section 4. Present subsections (4), (5), and (6) of section
  127  397.4873, Florida Statutes, are redesignated as subsections (5),
  128  (6), and (7), respectively, a new subsection (4) is added to
  129  that section, and subsection (1) of that section is republished,
  130  to read:
  131         397.4873 Referrals to or from recovery residences;
  132  prohibitions; penalties.—
  133         (1) A service provider licensed under this part may not
  134  make a referral of a prospective, current, or discharged patient
  135  to, or accept a referral of such a patient from, a recovery
  136  residence unless the recovery residence holds a valid
  137  certificate of compliance as provided in s. 397.487 and is
  138  actively managed by a certified recovery residence administrator
  139  as provided in s. 397.4871.
  140         (4) In addition to any other punishment provided by law,
  141  any person who willfully and knowingly violates subsection (1)
  142  commits a misdemeanor of the first degree, punishable as
  143  provided in s. 775.082 or s. 775.083.
  144         Section 5. Paragraph (a) of subsection (3) of section
  145  817.505, Florida Statutes, is amended to read:
  146         817.505 Patient brokering prohibited; exceptions;
  147  penalties.—
  148         (3) This section shall not apply to the following payment
  149  practices:
  150         (a) Any discount, payment, waiver of payment, or payment
  151  practice not prohibited expressly authorized by 42 U.S.C. s.
  152  1320a-7b(b) 42 U.S.C. s. 1320a-7b(b)(3) or regulations
  153  promulgated adopted thereunder, regardless of whether such
  154  discount, payment, waiver of payment, or payment practice
  155  involves items or services for which payment may be made in
  156  whole or in part under federal health care programs as defined
  157  in 42 U.S.C. s. 1320a-7b(f), as that definition exists on July
  158  1, 2020.
  159         Section 6. Subsection (5) of section 397.4871, Florida
  160  Statutes, is amended to read:
  161         397.4871 Recovery residence administrator certification.—
  162         (5) All applicants are subject to level 2 background
  163  screening as provided under chapter 435. An applicant is
  164  ineligible, and a credentialing entity shall deny the
  165  application, if the applicant has been found guilty of, or has
  166  entered a plea of guilty or nolo contendere to, regardless of
  167  adjudication, any offense listed in s. 408.809 or s. 435.04(2)
  168  unless the department has issued an exemption under s. 397.4073
  169  or s. 435.07 s. 397.4872. In accordance with s. 435.04, the
  170  department shall notify the credentialing agency of the
  171  applicant’s eligibility based on the results of his or her
  172  background screening.
  173         Section 7. Subsection (2) of section 435.07, Florida
  174  Statutes, is amended to read:
  175         435.07 Exemptions from disqualification.—Unless otherwise
  176  provided by law, the provisions of this section apply to
  177  exemptions from disqualification for disqualifying offenses
  178  revealed pursuant to background screenings required under this
  179  chapter, regardless of whether those disqualifying offenses are
  180  listed in this chapter or other laws.
  181         (2) Persons employed, or applicants for employment, by
  182  treatment providers who treat adolescents 13 years of age and
  183  older who are disqualified from employment solely because of
  184  crimes under s. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s.
  185  817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any
  186  related criminal attempt, solicitation, or conspiracy under s.
  187  777.04, shall may be exempted from disqualification from
  188  employment pursuant to this chapter, provided that 5 years or
  189  more, or, in the case of a certified peer specialist pursuant to
  190  s. 397.417, 3 years or more, have elapsed since the applicant
  191  for an exemption from disqualification has completed or has been
  192  lawfully released from confinement, supervision, or a
  193  nonmonetary condition imposed by a court for the applicant’s
  194  most recent disqualifying offense under this subsection and the
  195  applicant for exemption has not been arrested for any criminal
  196  offense within the past 3 years without application of the
  197  waiting period in subparagraph (1)(a)1.
  198         Section 8. This act shall take effect July 1, 2020.